Search Warrants for NH Law Enforcement Officers

Training aid for law enforcement officers related to search warrants, the requirements needed, drafting, and execution of the search warrant.

1. Search
Warrants
Introduction,
drafting, and
execution.
For New Hampshire Law Enforcement
Officers

2. Introduction
01Discussion of U.S. & NH
Constitutions, search & seizure.
Components
02
The parts and pieces of a search
warrant, what is needed?
Proper Drafting
03How to write a proper search
warrant that will hold up against
the dreaded suppression hearing.
Execution
04
How to properly serve and execute
a search warrant.
Table of contents

3. Introduction01
Discussion of U.S. & NH Constitutions, search &
seizure.

4. 4th Amendment

Protection from
“unreasonable” searches
and seizures.
U.S.
Constitution
NH
Constitution
Part 1, Article 19

Right to be secure from all
“unreasonable” searches
and seizures.

5. Because our constitutions are not a guarantee
against all searches and seizures, but only
those that are deemed unreasonable under
the law. But what is a reasonable search
without a search warrant?

Law Enforcement Exceptions to the
Search Warrant Requirements:

1.Consent
2.Plain View
3.Exigency
4.Community Caretaking/Emergency Aid
5.Automobiles (limited)
6.Search Incident to Arrest
7.Inventory
Why is the
word
“unreasonable”
noteworthy?

6. Law Enforcement officers often understand the
concept of a search, as it relates to locating
evidence of a crime by searching a person's
home, vehicle, cell phone, papers, effects, etc.
A search occurs when there is an infringement
on and individual’s reasonable right to privacy
by an authorized agent of the government,
specifically, in our case, the police.

But don’t be misled about the exceptions to the
search warrant requirement, there is a time
and a place to make use of these exceptions.
However, use caution, as a search warrant
incident to the seizure of secondary evidence
may still be required and may help validate
your initial search and seizure prior to a
suppression hearing.
Search & Seizure

7. Seizure
Is the taking into custody of an item (or
person), by the police, that may be
evidentiary in value, is considered illegal
in itself (contraband), or is known to be
the fruits of illegal activity such as stolen
property or property reasonably believed
to be used in connection with facilitating
a crime or obtained through the illegal
proceeds of a crime.

8. “The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched,
and the persons or things to be seized.”
— 4th Amendment, U.S.
Constitution

9. “Every subject hath a right to be secure from all unreasonable searches
and seizures of his person, his houses, his papers, and all his possessions.
Therefore, all warrants to search suspected places, or arrest a person for
examination or trial in prosecutions for criminal matters, are contrary
to this right, if the cause or foundation of them be not previously
supported by oath or affirmation; and if the order, in a warrant to a civil
officer, to make search in suspected places, or to arrest one or more
suspected persons or to seize their property, be not accompanied with a
special designation of the persons or objects of search, arrest, or seizure;
and no warrant ought to be issued; but in cases* and with the
formalities, prescribed by law.”
— Part 1, Art. 19, NH Constitution

10. Jurisdiction
Search Warrants, with the exception of
electronic evidence, must be conducted
within the territorial limits of the State
of New Hampshire.

Otherwise, they are improper and
considered by the court to be,
“extraterritorial” or holding no merit.

11. Statutes
That specifically address New Hampshire Search Warrants
NH RSA 595-A

12. Components
02
The parts and pieces of a search
warrant, what is needed?

13. That a crime has
been committed
and…
Probable Cause

14. That evidence of the
crime exists, and may
be presently found at
a specific location.
Probable Cause

15. Or that an item is contraband, is
stolen or considered illegal
proceeds of a crime, or is an
instrument of criminal activity.
Probable Cause

16. “Probable cause exists if a person of ordinary
caution would
justifiably believe that what is sought will be
found through the proposed search and will
aid in a particular apprehension or conviction.”

— NH Attorney General’s LE
Manual

17. As to the place,
items, records, or
people to be
searched.
Need Particularity

18. Of the specific
evidence, property,
or persons to be
seized.
Particularity

19. As to the non-law
enforcement personnel
needed to help assist in the
execution of the warrant.
Request Assistance
Within your Warrant

20. When the warrant is to be
executed, i.e. daytime or
nighttime. If at nighttime,
why?
Identify

21. 595-A:1 Issuance of Search Warrants; Purposes.
●Addresses who can issue a search warrant:
○Justice, Special Justice, or Associated Justice of the municipal, district or superior courts. In the
past any “justice” could authorize a search warrant, including a Justice of the Peace. However, this
is no longer the case, be sure your search warrant was signed by an authorized individual before you
execute it!
●Identifies items which can be searched for and seized:
○Items that have been stolen, embezzled, or fraudulently obtained.
○Items designed, intended for use, or which is or has been used as a means of committing a crime.
○Contraband (items inherently illegal, i.e. drugs).
○Evidence of a crime.
●IMPORTANT CONSIDERATION
○NH RSA 625:9 defines “crime” as a felony or misdemeanor offense, violations are not “crimes” and
therefore, you should not be applying for search warrants for evidence if it is not evidence of a
“crime” (i.e. violation level offenses).

22. 595-A:2 Requisites of Warrant.
●Addresses what needs to be described or articulated within the warrant:
○Shall designate or describe the person, building, vessel, or vehicle to be searched and shall
particularly describe the property or articles to be searched for.
●Describes the layout of the warrant needed, specifically what is described in
595-A:3.
○We won’t worry too much about this because the court has designed a PDF fillable form that satisfies
this requirement, which will be shown later in this course.
●Directs the search warrant to be served by any sheriff or his deputy or to any
constable or police officer, commanding him to search in the daytime, or if the
warrant so directs, in the nighttime, the particular place described for the
particular items described and to bring those items before the court.
●IMPORTANT CONSIDERATION:
○Make sure you point out why the warrant is needed in the nighttime within your written statement
in support of search warrant, otherwise, your proper service of the search warrant could easily be
challenged.

23. 595-A:3, 595-A:4, and 595-A:4-a

These statutes address the format and setup of the
search warrant in the substantial form described
within these statutes. This will be discussed in the
course during the drafting phase of the search
warrant, but it is important to note that 595-A:4-a
has been adapted to allow to electronic signature
and swearing of documents.

24. Parts and
Pieces
Inventory
List of items seized
from execution.
Warrant/Attachment
Page signed by the
judge that authorizes
the search itself.
Written Statement
PC of crime and that
evidence exists and where
it may be found.
Return
Document swearing to
inventory and return
of the warrant.

25. Optional
●Motion to Seal
●Non-Disclosure Order
●Order for in-camera
review (Med Records)
Components

30. Proper
Drafting03
How to write a search warrant
that will hold up against the
dreaded suppression hearing.

31. I love me
statement!
Paragraph one is always an
introduction to you, your rank,
your training and experience in
LE.
Disclaimer…
Paragraph two should be a
disclaimer that not each and
every fact learned during your
investigation is included in the
statement.
Use your own
writing style,
but include…
Nexus
Always be clear in what crime
has been committed, how
evidence exists and how this
evidence is critical in furthering
your investigation.

32. “The warrant is to be judged in terms of the proof
proffered and, absent deception, courts have held that
there is no requirement to include exculpatory
evidence in a search warrant application.”
Exculpatory
Information?

33. Stages of the
writing process..
Disclaimer
Introduction
Nexus - Connect the dots
Knowledge/Experience?
Described place and items
Facts to support PC,
identify source of
information
2
1
4
5
6
3

34. A picture is worth a thousand words

35. Use
Numbered
Paragraphs

36. Write in
Chronological
Order

37. Tell a story to
the Judge

39. What is a
nexus?

40. It’s the connection:
Establish why there is
reason to believe that
specific evidence will be
found at the target
location presently.

41. Also: Establish why the
evidence you are
seeking is needed in
your investigation, or
how it will aid in your
investigation.

42. Comes Down to Two Reasons:

1.)It is evidence which will help
support a conviction at trial, by
proving an element of the criminal
offense.
2.)Will aid in identifying or
apprehending criminal offenders or
furthering the investigation.

43. Stale
information
destroys PC.

44. Execution
04
What’s the next step if my search warrant
is granted?

45. Considerations
OpSec
Residential Search Warrants? Use surveillance
and a threat assessment to develop a plan.
Electronic Search Warrants? A non-disclosure
order may be needed or appropriate.
Briefing
Everyone needs to know the goal, and their
role, prior to execution of the search warrant.
Don’t assume everyone knows where the target
residence is, use your resources.
Photos/Google Maps/Bing Maps
Plan
Consider developing an operations plan
that clearly defines the tasks at hand and
who is assigned to each task.
Deconfliction is a must in residential
search warrants.

46. Roles and Responsibilities
SW
Operation
Scene
Security
Marked patrol units
should be utilized to
secure the residence
and/or scene around
the residence and
remain in place
during the search.
Photography
Initial scene photos
protect the
department from
liability and
document the scene.
Searchers
and
Recorders
Once the scene is secure
and initial photographs
taken, searchers
systematically search
each room
accompanied by a
recorder.

47. Sequence
First Next Next Last
Photography,
each room
should be
assigned a letter
or number.
Searchers move
through the room in
a clockwise or
counter clockwise
motion.
Items discovered
are photographed
and documented
by a recorder on an
inventory form.
All evidence is
accounted for,
copy of search
warrant is left
behind.

48. Identify
Knock and identify yourself
as a police officer and explain
that you have a search
warrant.
Knock & Announce
Prevent Guaranteed Suppression Issues
Mind the Time
If the warrant doesn’t
allow for nighttime
execution, wait until the
next day.
Warrant
Although not required, it is
good practice to have the
warrant in hand.

49. Remember, if you are searching for a stolen
chainsaw, it won’t fit in a desk drawer… Don’t
get caught searching somewhere you
shouldn’t be.
Time is on our side if we have obtained a
search warrant and we find contraband or
evidence of other crimes, stop the search and
apply for another warrant.
Scope of the Warrant
Slow down…

50. 595-A:5 Receipt, Inventory, and Return.
●Addresses the service of the warrant and required steps during the execution
and after execution of the warrant itself:
○A copy of the warrant and an inventory of the items seized shall be provided to the owner of the
property where the item was seized, i.e. vehicle owner, or homeowner. This can be done in person
or by leaving a copy of these items at the location of the search.
○The return should be made promptly, along with a copy of the written inventory of the items seized.
The inventory shall be made in the presence of the officer who was the affiant on the warrant and the
owner of the property, however, if they are not present the inventory shall be completed by two
individuals of reputable character. So, all returns shall list two individuals present during inventory
of the execution of the search warrant.
○Upon return of the search warrant, all portions of the search warrant are filed with the clerk's office
and become public documents, unless otherwise ordered by the court.

51. Thanks!
Do you have any questions?